McConnaughy v. Baxter
Supreme Court of Alabama
Appeal from tbe Circuit Court of Jefferson. Tried, before tbe Hon. Wm. S. Mudd. This action was brought by Lucien A. Baxter, against Thomas McConnaughy, to recover a town lot in Birmingham, to which the plaintiff derived title, under a purchase at sheriff’s sale, made pursuant to an order of the Circuit Court, after the levy of an execution from a justice’s court, issued on. a judgment rendered by the justice, in favor of tbe plaintiff, and against the defendant in this…
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Appeal from tbe Circuit Court of Jefferson. Tried, before tbe Hon. Wm. S. Mudd. This action was brought by Lucien A. Baxter, against Thomas McConnaughy, to recover a town lot in Birmingham, to which the plaintiff derived title, under a purchase at sheriff’s sale, made pursuant to an order of the Circuit Court, after the levy of an execution from a justice’s court, issued on. a judgment rendered by the justice, in favor of tbe plaintiff, and against the defendant in this action; and which the defendant claimed as his homestead exemption. The justice’s judgment was rendered on the 26th March,…
1Opinion of the Court
BRICKELL, C. J. —
This was an action in the nature of an ejectment, commenced by the appellee, for the recovery of ■ a lot in the city of Birmingham. The appellee recovered judgment against the appellant, before a justice of tbe peace, on which an execution issued, and, for tbe want of personal property, was levied on tbe lot, as the property of appellant. The execution, with its levy, was sent to the Circuit Court, and an order of sale granted, the appellant’s claim of exemption to the lot having been overruled by tbe court. An order of sale was issued, by authority of which tbe sheriff made…
2Cases cited3 opinions
- Kaster v. McWilliamsSupreme Court of Alabama · 1867
- Weir v. ClaytonSupreme Court of Alabama · 1851
- Melton v. AndrewsSupreme Court of Alabama · 1871
3Cited by19 opinions
- Banks v. SpeersSupreme Court of Alabama · 1892
- Drucker v. RosensteinSupreme Court of Florida · 1882
- Blum v. CarterSupreme Court of Alabama · 1879
- Lehman, Durr & Co. v. BryanSupreme Court of Alabama · 1880
- Turner v. TurnerSupreme Court of Alabama · 1894
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